Recording for June 29, 2023 Conference Call with Rajiv S. Khanna

[DEEPAMENON]

Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call every other Thursday to answer immigration-related questions. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ will be addressed first and these FAQ will be posted in our immigration.com FAQ section. The recording of what was discussed during the live call will be posted at the end of the day. For previous recordings click here, YouTube channel
Note that we answer posted questions and follow-ups first.
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Call Details:
Next Call Date: July 13, 2023
Start Time: 12:30 PM Eastern Standard Time
End Time: 1:30 PM, EST
Conference Dial-in: : (202)800-8394
Topic: General Immigration-Related Questions
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NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
PLEASE KEEP YOUR QUESTIONS BRIEF. If you need a detailed consultation on elaborate facts, speak with your lawyers or set up a consultation with us: https://www.immigration.com/our-fees

 

[vnaga83]

FAQ: EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA

Can I apply for GC in EB1 status on H1b being a manager?
Question:
Within in USA, I joined my current company as a technical engineer and my company sponsored my GC in EB2 category. Now I got promoted to manager role 10 people report to me now. am I eligible to apply GC in EB1 category?

What are all the options I have to file my GC on EBI being a manager now ?

 

[shubham311]

EAD eligibility and timeline for O-3 visa holders in Compelling Circumstances EAD

Question:
I am on an O1 visa (I140 approved). My wife is on an O3 visa. I will be on 60 days (job loss) grace period starting July.
According to recent immigration laws Compelling Circumstances EAD | Immigration.com, Can my wife get EAD?
When is the earliest she should apply? What's the timeline to get EAD (premium processing if any)?

 

[newquestion01]

Options for continuing stay in the USA with expired H-1B: PERM application, H-1B recapture, and alternative visa paths

Hi Rajiv Ji,

Hope all well with you!

My PERM application was filed on 19th October'22 and I am expecting to hear on it by USCIS in August’23 as it is taking 8-9 months as per timelines given on USCIS website. The challenge I have is, my 6 years of H1B will over on 11th September'23. I work in Dallas TX, I am not sure about all the available options to continue my stay in the states.

Could you please help me with below questions-
1. what can be my availble options in above situation so that I can continue my stay in the USA?
2. Whats the procedure to recapture remaining H1B days (vacation days) spent outside USA. Is it same as H1B extension and can I file it as premium processing ?
3. Is changing status to B1 or any other visa type will help here? If yes, can I apply for it personally or it has to come from employer?

Thank you!

 

[prempathak]

H-1B transfer, international travel, and AP (Advance Parole) validity with pending I-485: Legalities and implications

Hi Rajivji,
Thanks for answering my question in last call.
I have my 485 pending and have my EAD/AP. AP valid till Oct.
Currently I am working with company A on H1B which is valid till July 30.
Company B(my current client) will file for my H1B transfer sometime around July 10.
Meanwhile I have family emergency and need to travel.
1) Can my new employer file H1 transfer while I am in india and once its approved in premium, i am planning to join them while in India only. Is it legal?
2) Once H1 get approval , I will get H1B visa and enter US with that visa and continue with Company B.
3) During whole period , i have valid AP, so will it will not abandoned my 485, right?

Thanks.

 

[Zulfi.Ali]

Immigration options for a Canadian citizen working on TN visa: Process and timeline for obtaining an immigrant visa

Hi Sir,

I am a Canadian Citizen (Country of birth is Pakistan) and currently working in USA for a Contacting Company as a Construction Estimator since last 3.5 years on TN Visa. My TN Visa is due for renewal in December 2023, I am a daily commuter and driving daily from home in Canada (Surrey, BC) to work place in USA (Burlington WA). I am looking for some immigrant Visa and spoke to my employer about it. They don't know much about the process but willing to support me if I lead the process. Just wondering about the process and the timeline.

Thank you for your help.

 

[Nev Vas]

Green card surrender and derivative green card holders: Consequences and IRS requirements

Hi Rajiv,
I am a U.S. green card holder through family immigration since 2018 and my children (currently aged 22 and 20) received their own individual green cards under sponsorship from me as derivatives

I plan to surrender my green card voluntarily this year ( my 6th year as GC holder ) by filling form 407 and have the following brief questions ;

1. Given that my daughter is 20 years old, will she lose her green card if I surrender mine ? (Isn’t it 21 years to be considered major under immigration law ) ? Should I wait until she is 21 or it clearly does not matter ?

2. Do I have to file form 8854 with IRS at the time of surrender or is it only if one is surrendering as a long term permanent resident ( 8 years of holding the card ) ?

3. Is there any way I can personally go to the US consulate in India and surrender in person with filing form 407 and requesting simultaneously for a long term multiple entry tourist visa ? Or is the only way to do it is to mail the form 407 ? If I was to surrender at the port of entry in the US upon arrival, then would I be allowed to enter the country on a short term tourist visa ?

Many thanks for your patience

Nev

 

[rahulkr84]

Temporary relocation from the U.S. on H-1B visa: Re-entering the U.S., I-140 process, and validity of existing visa stamping

Hello Rajiv Sir,

I got my h1b approved in Feb 2022 valid till Feb 2025 and my status changed from F1 to H1B. I went for stamping in Dec 2022 and got visa approved. I am currently working in US working with the same employer. I am planning to relocate India in Oct 2023 for 1-2 years due to family reasons. Once I leave , My employer will revoke h1b . Can i come back to US let's say after 2 years with new employer without going through the lottery. My I-140 process has not been started. Can i also use the same stamping to come back with different employer if i come before Feb 2025. the h1b visa stamping is valid till Feb 2025.

 

[msdr]

Options after I-140 rejection: Marriage, concurrent filing of I-130 and I-485, and bringing children to the U.S.

Hi Rajiv Sir,

My I-140 is rejected couple of weeks back, can I get married this month and apply for green card by submitting both I-130 and I-148 together? my 2 sons are in India can you please let me know what will be the process for them to bring to US in the present situation.

Please let me know.
Thank you
MS

 

[Shipram]

H-1B status and AOS pending: Employment changes, legal presence, and impact on AOS application

My questions are regarding H1B status when AOS is pending.


1) If I terminate employment with my H1B sponsoring company A and join a new company B (within the H1B grace period) but without an approved H1B petition with the employer B, what status am I considered to be in? I joined company B on my AOS EAD and presented the EAD for I9 verification.

2) If I am on AOS legal presence in the US due to expired H1B status and then get a new H1B Change of Employer petition approved, I need to go back to India to get the H1B visa and re-enter using the visa to be on H1B status again. In this scenario, will I be abandoning my AOS application since I am re-entering the US on a status (H1B) which is different from the status I held when leaving the US (AOS Legal Presence).
Does this answer change depending on whether I hold an AP card or not?

 

[shar96]

Alternatives for fiancée's early arrival in the U.S.: B-2 to F-1 visa

Hello Rajiv Sir,

I am currently on F1-OPT and will be getting married in December.
My fiance would be pursuing her masters in the US starting Fall-24 (August-2024) and would need F1 visa.

But she wants to move to the US before then and I wanted your suggestions on the best option for this:
1. Apply for B2 visa and then change the visa to F1. Would this need a visa interview again for F1?
2. Apply for F2 after marriage and then change the visa to F1. Would this need a visa interview again for F1?

Do you see any problems with the above or which one is better?
Our worst case option is to wait till July-2024 and come on F1 visa.

Thanks a lot in advance for your valuable feedback and support to the community!

 

[shar96]

Verifying H-1B cap registration: Confirming employer's application for F-1 OPT to H-1B sponsorship

Hello Rajiv Sir,

I have another question which is different from the one I posted earlier.

I am on F1-OPT and my employer mentioned they would sponsor for the H-1B in 2024.

Is there a way (other than the employer letting me know they have applied) for me to confirm if they have really applied for the H-1B cap registration?

Thanks a lot in advance for your valuable feedback and support to the community!

 

[Arjun.d]

Employment after layoff: Compelling Circumstance EAD, H-1B transfer, visa stamping, and exploring B-1/B-2 status

I got laid off by Amazon and my last day is June 26. I have approved i140, own a house, kid starting kindergarten this September.
1. If I file a compelling circumstance EAD can I work using that EAD?
2. If I get my h1-B transferred to another company can I work as soon as its approved?
3. I already have a visa stamp on passport valid until Feb 2024. Do I need to step out of country and get new stamp again to reenter?
4. Is the EAD option same as changing status to B1/B2 and searching for a job? Which one is better and recommended?

 

[suraj10]

Consequences of H-1B audit and absence at LCA home address: Misinterpretation and misdemeanor

Hi Rajiv Sir,

In case there is an H1B audit and uscis person comes to my home address and can't find me there.
1. Does this issue come under h1b misinterpretation or misdemeanor?
2. What are the consequences of not being present at LCA home address?

 

[Vaibhav31]

Layoff on Concurrent H-B visa: Does termination by Employer "A" nullify H-1B with Employer "B"

Hello Rajiv,

If my main H1B employer A lays me off, will my H1B concurrent visa with employer B be void automatically as well?

Please suggest what to do in this situation.